# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_front and back matter_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

(b) The blind draw shall be administered by the chairman of the Council of Presidents audited
by witnesses.
2.15.5.1 After reviewing the accusation and the results of the investigation, the Referral Panel shall make
the determination whether or not to initiate formal proceedings.
2.15.5.2 Whether made byIf the President of the Synod or the Referral Panel, if the determination
isdetermines not to initiate formal proceedings, the President of the Synodhe shall in writing so
inform the accuser, any other district president involved, and the involved member, which shall
terminate the matter.
2.15.5.3 If the President of the Synod fails to act within 60 days after receipt of the formal written complaint
or accusation, the accuser may present a formal written request to the President of the Synod for
the forming of the Referral Panel, which request the President of the Synod must grant. If the
provisions set forth in Bylaw 2.15.4 have not been carried out, the Referral Panel shall carry out
these provisions in the process of making its determination, within 60 days, whether or not to
initiate formal proceedings.
Commencing Formal Proceedings
2.15.6 If the President of the Synod or the Referral Panel concludes that the facts form a basis for
expulsion of the member under Article XIII of the Constitution, the President of the Synod in
commencing the formal proceedings he shall
(a)–(c)
no change
2.15.6.1
no change
Hearing Panel
2.15.7 If the request for hearing as granted in Bylaw 2.15.6 (c) is made, the President of the
Synodsuspending ecclesiastical supervisor shall inform the Secretary of the Synod who shall
initiate the formation of a Hearing Panel, such formation to be accomplished within 30 days of the
request in accordance with the provisions in this bylaw.
2.15.7.1 At the time that the request for hearing is made, the President of the Synodsuspending
ecclesiastical supervisor shall forward to the Secretary of the Synod the statement of the matter
and a written memorandum describing the manner in which there was compliance with the
guidelines provided in Matthew 18:15–16 and “previous futile admonition” (Constitution Art.
XIII), as well as all of the provisions of Bylaws 2.15.3−2.15.6.1.
2.15.7.2 A Hearing Panel consisting of two district presidents (excluding the involved district president[s]),
two lay reconcilers, and one ordained reconciler, selected as follows, shall conduct the hearing:
(a)
no change
(b) One district president shall be selected by the President of the Synodsuspending
ecclesiastical supervisor.
(c)
no change
(d) Each Hearing Panel shall be assisted by a nonvoting hearing facilitator selected according
to Bylaw 2.14.2 (kj).
(e)–(g)
no change
(h) If a Referral Panel was formed, the three district presidents that served in that capacity are
not eligible to serve on a Hearing Panel.
2.15.7.3 Upon receipt of a request for hearing, the Secretary of the Synod shall promptly notify the accused
and the President of the Synodsuspending ecclesiastical supervisor of their respective right to
choose one Hearing Panel member and direct that the identity of their selection be transmitted to
the Secretary of the Synod within 15 days from the date of such notice. If either party declines to
make a selection within 15 days, the Secretary of the Synod shall then make such selection within
5 days.

CCM Minutes (Protocol Supplement) – May 5–6, 2017 – Page 27e